What You Say and Write Down –
Practical Value and Legal Impact
Catherine Hansen-Stamp
Charles R. Gregg
Wednesday, Oct. 14, 2009
1 – 5 p.m.
What You Say and Write Down –
Practical Value and Legal Impact
This presentation contains general information and
is not intended to provide specific legal advice.
adventure and recreation providers should consult
with legal counsel, experienced in recreational law,
regarding matters specific to their business or
operation, and aware of the laws in their
jurisdiction.
Introduction
Goal: Run a quality operation!
 Manage,
not eliminate risks
 Proactive, not reactive
 Addresses practical and legal
 Fundamental fairness to participants
and staff
Introduction
Information Exchange Concept Focus on Program information:
 External
– Intended for public
 Internal – program staff or other
Perspective
One Piece of Risk Management Picture!
Addresses risk of loss:
*to participants
*to program
External Information
Intended for public: (e.g.)
Website
 Brochure
 Participant agreement
 Photos or DVDs
 Press Releases
 Oral statements by staff!

External Information
How much information?
 Accurate – BALANCE of information
 Write for the reader (your audience)
 Beware different drafters!
 Overall information consistency

External Information
Assurance of safety?
 Absolute statement?
 Undefined standard or vague terms?
 Untrue?
 Incomplete?

External Information

What result? Practical and Legal issues

Implications before and during program
and after an incident

Case examples and Tips (handout)
Internal Information
Intended for program: (e.g.)




Staff policies or practices (written or
unwritten
Risk management plan
Training video
Oral directives
BUT…can or will the public see it?
Internal Information
Great concept, but are you ready?
 Craft and define words carefully
(guideline, practice, standard, policy….)
 Beware different drafters!
 Consistency with other documents
 Is it overwhelming?

Internal Information
Incomplete or inaccurate?
 Rigidity or flexibility? Staff in a box
 Document on a shelf
 Staff discontent with policies
 Industry standards or practices?

Internal Information
What result? Practical and Legal issues
Implications before and during
program and after an incident
Case Examples and Tips (handout)
Take Aways
Craft words carefully
Be internally consistent
LISTEN to your staff – take input
Review and revise – live documents!
Go to the Mock Trial!
Contact Information
Charles R. Gregg
[email protected]
Tele: 713-982-8415
Catherine Hansen-Stamp
[email protected]
Tele: 303-232-7049